The family court's first question is the child's best interest — and California law answers part of it in advance: a parent who perpetrated domestic violence within five years is presumed unfit for custody unless they prove otherwise (Family Code 3044). That presumption changes the shape of the whole case.
The abuser — not you — carries the burden of rebutting the presumption with evidence: completion of a batterer's program, counseling, and proof of no further violence. Until then, the court's custody orders lean protective: supervised visitation, monitored exchanges, and careful step-up plans. The DVRO findings feed directly into this analysis.
The custody fight is won on the record: the DVRO file, police reports, the abuser's compliance or non-compliance with court orders, and the children's circumstances. Inconsistent stories collapse under documentation. We build the custody case and the DVRO case as one record — so the court sees one picture.
In immediate danger, call 911. For protection planning and next steps, call (619) 730-7884 — free and confidential, through whatever channel is safe for you.
